Property service contract

Property service enterprises or other managers shall manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners and accept the supervision of the owners.

In any of the following circumstances, the owners' committee or the owners have the right to request the people's court to confirm that the contract (including the previous realty service contract) or its relevant clauses are invalid:

(1) The entrustment contract in which the realty service enterprise entrusts all realty services within the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, summarize the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, the owners have the right to require the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking immediate measures or compensating for losses.

The service commitment made publicly by the realty service enterprise is the detailed service rules and an integral part of the realty service contract.

If the owner violates the realty service contract or laws, regulations and management regulations and implements acts that hinder the realty service and management, the realty service enterprise has the right to require the owner to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.

Property service enterprises have the right to charge property fees. But it should be noted that:

(1) If a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it will expand the charging scope, raise the charging standard or repeat the charging without authorization, and the owner may raise a defense on the grounds of illegal charging, and the owner also has the right to request the realty service enterprise to refund the illegal fees it has collected.

(2) If the owner refuses to pay the property fee without justifiable reasons after a written reminder, or fails to pay the property fee within a reasonable reminder period, the property service enterprise has the right to ask the owner to pay the property fee. If the realty service enterprise has provided services in accordance with the contract and relevant regulations, the owner shall not defend himself on the grounds that he has not enjoyed or does not need to accept the relevant realty service.

(3) If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.

After the owners' congress decides to dismiss the realty service enterprise in accordance with the procedures stipulated in Article 76 of the Property Law, the owners' committee has the right to request the termination of the realty service contract.

After the termination of the rights and obligations of the realty service contract, the owners' committee has the right to require the realty service enterprise to withdraw from the realty service area and hand over the realty service premises and related facilities, as well as the relevant materials necessary for realty service and the special maintenance funds entrusted by it. Property service enterprises shall not refuse to quit or hand over on the grounds that there is a de facto property service relationship, and shall not require the owners to pay the property fees after the termination of the property service contract rights in Yiwu.

The Analysis Report on Business Model and Market Investment Strategic Planning of China Property Service Enterprises issued by Forward-looking Industry Research Institute shows that the traditional property service in China is inefficient, the operation process is not transparent enough, and many owners are less satisfied with the property service companies. The competition in the property service industry market is mainly manifested in the overall competition for customers, and whether or not to have customers depends on the relationship between property service enterprises and customers, and depends on customers' satisfaction with property products and services. It is self-evident that the higher the customer satisfaction, the stronger the competitiveness of the realty service enterprise, the greater the market share and the better the benefit of the realty service enterprise. Property service enterprises should focus on creating customer value, and the key to creating customer value is customer satisfaction. Chapter I General Principles

Article 1 The client of this contract (hereinafter referred to as Party A) Name of: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Chapter II Contents of Property Services

Article 3 Formulate the work plan of property management service and organize its implementation; Manage the engineering drawings, residential user files and completion acceptance data related to the property; ______________________________________________。 Article 4 Daily maintenance, maintenance and management of * * parts of buildings, Comprises a floor, a roof, an outer wall, a load-bearing wall, a stairwell, a corridor, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Article 5 * * Daily maintenance and maintenance management of facilities and equipment used by * * * include: water supply and drainage pipelines used by * * *, lighting used by * * *, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Article 6 * * Daily maintenance and management of facilities and affiliated buildings and structures, Including roads, septic tanks, pump houses, bicycle sheds, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Article 7 The * * area of public green space shall be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Article 8 * * * Environmental sanitation, including the cleanliness of the * * * parts of the house, the cleanliness of the * * * places, and the collection of garbage, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ninth maintenance of public order, including past services, patrols, _ _ _ _ _ _ _ _ _ _ _ _ _. Article 10 Maintain the driving order of vehicles in the property area and manage the parking of vehicles, _ _ _ _ _ _. Eleventh fire management services, including the maintenance and management of fire control facilities and equipment in public areas, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Thirteenth housing decoration management services, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Article 14 Other entrusted matters (1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. (2)_______________________________________________________________; (3)_______________________________________________________________。

Chapter III Quality of Property Services

Article 15 The quality of property services provided by Party B shall be subject to the following _ _ _ _ _ _: 1. Implement the first standard stipulated in Beijing Residential Property Management Service Standard issued by Beijing Municipal Bureau of Land Resources and Housing Management (J.G.F.Z. Zi [2003] No.950), that is, the property management service standard for ordinary commercial housing; ______。 2. Implement the second standard stipulated in Beijing Residential Property Management Service Standard issued by Beijing Municipal Bureau of Land Resources and Housing Management (No.950 [2003] of Beijing Municipal Bureau of Land Resources and Housing Management), that is, the management service standard of affordable housing, self-governing public houses and relocated houses for renovation of dilapidated houses; __________________________________________________________。 3. Implement the property service quality requirements agreed by both parties, specifically: _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Chapter IV Property Service Fees

Article 16 (Applicable to Government Guidance Price) Property service charges shall be subject to government guidance price. 1. The property service fee shall be charged by Party B to the owner (or the payer) on an annual (quarterly, monthly) basis, and the charging standard shall be _ _ _ _ _ _ _ _ _ yuan per square meter. (According to the housing construction area, the housing construction area includes the interior construction area and the shared construction area between public parts and public houses. ) Among them, the price of elevator and water pump operation and maintenance fee is _ _ _ _ _ _ _ _ _; According to the proportion of housing construction area. 2. If the guidance price issued by the government is adjusted, the above price will be adjusted accordingly. 3. The expenses of ××× used spare parts, ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× When collecting fees, Party B shall publicize the insurance policy and insurance invoice. Article 17 (Applicable to Market-regulated Prices) Property service charges shall be subject to market-regulated prices. 1. The property service fee shall be paid by Party B to the owner (or payer) on an annual (quarterly) basis. (According to the construction area, the construction area includes the interior construction area plus the shared construction area of public houses. ) Among them, the price of elevator and water pump operation and maintenance costs is _ _ _ _ _ _ _ _; According to the proportion of housing construction area. 2. Expenditure on property services includes the following parts: (1) salary of management service personnel, social insurance, welfare expenses extracted according to regulations, etc. (two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property; (3) cleaning expenses of the property management area; (4) Maintenance cost of greening in the property management area; (5) Maintenance cost of regional order in property management; (6) office expenses; (seven) depreciation of fixed assets of property management enterprises; (8) Used parts of the property, used facilities and equipment and public liability insurance fees; (9) Other expenses: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _______________________________________________________________。 3. (Applicable to contract system) If the property service fee needs to be adjusted, it shall be determined by both parties through consultation. 4. (Applicable to the contract gratuity system) Withdraw _ _ _ _ _ _ _ _ _% from the property service fee received in advance as the contract gratuity of Party B. 5. (Applicable to the contract gratuity system) If there is any savings in the property service fee, it will be transferred to the total property service fee for the next year; If the property service fee is insufficient, Party B shall notify Party A in advance, and inform Party A of the amount, reason and suggested supplementary scheme of the property service fee deficiency. Party A shall review the scheme submitted by Party B within a reasonable time and make a decision. 6. (Applicable to the gratuity system) Both parties agree to hire/not hire a professional organization to audit the annual budget and final accounts of the property service funds and the income and expenditure of the property service funds; The expenses for hiring professional institutions shall be borne by all owners, and the professional institutions shall be selected by both parties through consultation/(selected by both parties). Eighteenth * * parts * * facilities and equipment for major, medium repair and renovation costs from the special maintenance funds. Article 19 The parking fee shall be charged by Party B to the parking space users according to the following standards: 1. Outdoor parking space: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Property management service fee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The service fee shall be charged separately, and the price charged by Party B for the owner's own parts, equipment maintenance and other special services shall be publicized in the property management area.

Chapter V Rights and Obligations of Both Parties

Article 21 Rights and obligations of Party A.. To examine and approve the property management service work plan formulated by Party B; 2. Check and supervise the implementation of Party B's management; 3. According to laws and policies, decide on the use and management of special maintenance funds for old facilities and equipment; 4. (Applicable to the salary system) Review the financial budget and final accounts proposed by Party B; 5. Party A shall hand over or organize to hand over the following materials to Party B within _ _ _ _ _ days from the effective date of the contract: (1) completion acceptance data such as completion general plan, single building, structure, equipment completion drawing, supporting facilities and underground pipe network project completion drawing; (2) Technical data such as installation, use and maintenance of facilities and equipment; (3) Property quality warranty documents and property use instruction documents; (4) Acceptance data of various professional departments; (5) Property right information of houses and supporting facilities; (six) other materials required for property management. 6. Party B shall be provided with _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (2)__________________________________________________________。 7. When the owners and users fail to pay the property service fees as required, urge them to pay them. 8. Coordinate and handle the remaining issues before the contract comes into effect: (1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 10. Others: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Article 22 As the executive body, the owners' committee of Party A has the following rights and obligations: 1. When the owners' congress is not in session, exercise the rights based on this contract and perform the obligations stipulated in this contract on behalf of the owners' congress; (unless it must be decided by the owners' meeting according to laws and regulations) 2. Supervise and assist Party B to perform the property service contract; 3. Organize the handover and acceptance of the property; 4. Urge all owners to abide by the owners' convention, the rules of procedure of the owners' congress and the rules and regulations of property management; 5 urge the owners who violate the property service contract and fail to pay the property service fee within the time limit; 6 truthfully report the implementation of property management to the owners' meeting; 7. Others: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Article 23 Rights and obligations of Party B.. Provide property management services in the property area according to the authorization of Party A, relevant laws and regulations and the agreement in this contract; 2. Have the right to request Party A, the owners' committee, owners and property users to cooperate with Party B's management service behavior; 3. Collect property service fees from owners and property users; 4. Owners and property users who violate the owners' convention and property management system have the right to take measures such as dissuasion, stopping and _ _ _ _ _ _ _ according to the seriousness of the case; 5. Choose a franchise company to undertake the special management business of the property, but not entrust the overall management of the property to a third party; 6. Report the implementation of property management services to Party A every year; 7. (Applicable to the gratuity system) Announce the annual budget and final accounts of property service funds to Party A or all owners, and announce the income and expenditure of property service funds at least once a year; When Party A or the owner questions the published annual budget and final accounts of the property service funds and the income and expenditure of the property service funds, he shall give a timely reply. 8. Upon the termination of this contract, the property management right is transferred and the property is vacated, and Party A shall be assisted in the handover of property services and the aftermath. All files, special maintenance funds and accounts shall be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Others: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Chapter VI Term of Contract

Article 24 The term of entrusted management is _ _ _ _ _ _ years; Start with _ _ _ _ _ _ _ _.

Chapter VII Agreement on Cancellation and Termination of Contract

Article 25 If Party A decides not to entrust Party B upon the expiration of this contract, it shall notify Party B in writing three months in advance; If Party B decides not to accept the entrustment, it shall notify Party A in writing three months in advance. Article 26 After the expiration of this contract, if Party A fails to inform Party B of the opinions of renewing or dismissing Party B, and fails to hire a new property management enterprise, and Party B continues to manage it, this contract shall be deemed to be automatically renewed. Article 27 After the termination of this contract, before the new property management enterprise takes over the property project, Party B shall continue to provide temporary (generally no more than three months) property management services to Party A according to the requirements of Party A, and the owner (or payer) of Party A shall also continue to pay the corresponding property service fees. Article 28 Other clauses.

Chapter VIII Liability for Breach of Contract

Article 29 If Party B fails to provide the agreed services due to Party A's breach of contract, Party B has the right to ask Party A to solve the problem within a certain period of time. If Party A fails to solve the problem within the time limit and seriously breaches the contract, Party B has the right to terminate the contract. Where economic losses are caused to Party B, Party A shall compensate Party B for the economic losses. Article 30 If Party B fails to provide services as agreed, Party A has the right to require Party B to make rectification within a time limit. If Party B fails to make rectification within the time limit and seriously breaches the contract, Party A has the right to terminate the contract with the consent of the owners with more than two-thirds voting rights at the owners' meeting. If economic losses are caused to Party A, Party B shall pay economic compensation to Party A.. Article 31 Where Party B raises the charging standard without authorization in violation of this contract, Party A has the right to ask Party B to clean it up; If economic losses are caused to Party A, Party B shall pay economic compensation to Party A.. Article 32 If the owner fails to pay the property service fee, Party B may charge the owner a penalty of two ten thousandths of the payable fee every day from the overdue date. Article 33 If either party terminates the contract in advance without justifiable reasons, it shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ to the other party; If the economic losses caused by the termination of the contract exceed the liquidated damages, compensation shall also be made. Article 34 After the termination of this contract, Party B shall not transfer the property management right, take back the property, hand over the management premises and related files. For each day overdue, Party A shall pay liquidated damages of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Thirty-fifth in order to safeguard the vital interests of the public, owners and property users, in unforeseen circumstances, such as gas leakage, power leakage, fire, water pipe rupture, saving lives, assisting public security organs to perform tasks, etc. In case of property loss caused by Party B's emergency measures, both parties shall handle it according to relevant laws and regulations. Article 36 Other clauses _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Chapter IX Supplementary Provisions

Article 37 Both parties agree to handle the receiving and acceptance procedures according to the management matters entrusted by Party A within _ _ _ _ days from the effective date of this contract. Article 38 The original and annexes of this contract are in total pages, in duplicate, with each party holding one copy, with the same legal effect. Article 39 In case of any dispute during the performance of this contract, both parties shall settle it through negotiation. If negotiation fails, Party A and Party B agree to solve the problem in the following _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 1. Submit to the Arbitration Commission for arbitration; 2. Bring a lawsuit to the people's court according to law. However, if the owner defaults on the property service fee, Party B may directly apply to the grassroots people's court with jurisdiction for a payment order according to relevant regulations. Article 40 This contract shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Signature of Party A and signature of Party B's representative: (Owner's Committee) represents the year, month, year and month.